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Real Estate
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August 20, 2025
Error-Filled Pro Se Recusal Bid Draws Conn. Judge's Ire
A Connecticut federal judge will not docket a pro se recusal request in a U.S. Securities and Exchange Commission fraud action accusing a man of skimming nearly $1 million in investments designated for hotel repair work, saying in a minute order that the defendant otherwise has counsel and submitted a meritless, error-riddled bid.
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August 20, 2025
Rising Star: Dechert's Nitya Kumar Goyal
Dechert LLP's finance and real estate partner Nitya K. Goyal worked on major loan deals last year, such as representing Bank of America and Deutsche Bank in a $1.58 billion mortgage loan origination that used nine luxury hotels as collateral, earning her a spot among the real estate practitioners under age 40 honored by Law360 as Rising Stars.
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August 20, 2025
NY Town To Expedite Mosque Approvals In Land-Use Deal
The town of Oyster Bay, New York, has settled a mosque's claims that the town amended its parking laws in a targeted attempt to thwart redevelopment efforts, agreeing to oversee the quick approval of the mosque's application and to amend the underlying parking ordinance.
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August 20, 2025
Property Manager Settles With Mass. AG Over Data Breaches
One of the largest property management firms in Massachusetts will pay $795,000 to settle allegations by the state attorney general's office that it failed to prevent or address a series of five data breaches between 2019 and 2021.
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August 20, 2025
Trump Says Fed's Cook 'Must Resign' Amid Loan Fraud Claim
President Donald Trump's Federal Housing Finance Agency chief on Wednesday accused Federal Reserve Gov. Lisa Cook of potential mortgage fraud and said he has referred the matter to federal prosecutors, prompting Trump to call for Cook's immediate resignation — a call she has rejected.
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August 19, 2025
Expert Chides Charlotte Housing Authority Over Missing Docs
An expert witness turned the tables on the attorney questioning her Tuesday during a former public housing authority coordinator's hostile work environment and retaliation trial in North Carolina after defense counsel questioned how she could accurately opine on the authority's operations without having seen key documents, saying it wasn't because she didn't ask for them.
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August 19, 2025
Judge Bans Texas Atty He Says Is 'Incapable Of Honesty'
A federal judge has indefinitely suspended attorney J. Shelby Sharpe from practicing law in the Northern District of Texas after he helped supposedly erstwhile clients dodge judgments, saying the attorney is seemingly "incapable of honesty."
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August 19, 2025
Puerto Rico Investor Says Colo. Hemp Grower Owes Over $2M
A Puerto Rican investment firm sued a Colorado hemp producer in state court Tuesday, alleging it owes more than $2 million for unfulfilled contracts.
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August 19, 2025
CoStar Gets Support For 9th Circ. Antitrust Ruling Redo Bid
A group of antitrust scholars, former government officials and a center-left technology industry coalition asked the Ninth Circuit to allow them to file amicus briefs that back CoStar Group Inc.'s request for a rehearing of a Ninth Circuit ruling that revived rival Commercial Real Estate Exchange Inc.'s antitrust counterclaims.
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August 19, 2025
9th Circ. Backs Approval Of LoanDepot Investor Settlement
The Ninth Circuit has dismissed a challenge brought by a LoanDepot shareholder to a $3.5 million settlement ending a lawsuit that accused the company of misleading investors ahead of its initial public offering, saying the district court applied proper scrutiny when approving the settlement last year.
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August 19, 2025
Ute Tribe Says 1880 Act Proves Land Ownership Claim
The Ute Indian Tribe asked the D.C. Circuit on Tuesday to reverse a lower court decision refusing to hand over ownership of federally managed land, saying a law dating back to 1880 required the U.S. executive branch to "set apart" lands for a new reservation.
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August 19, 2025
Wisconsin Mall, Tenant Drop All Claims In Rent Dispute
A mall and its tenant told a Georgia federal judge that they have jointly dismissed their claims over an unpaid rent dispute, ending their motions including the mall's bid to have Bradley Arant Boult Cummings LLP disqualified from representing the tenant due to an alleged conflict of interest.
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August 19, 2025
Title Insurer Says No Fiduciary Duty Owed To Board Members
A Connecticut-based title insurance company and its subsidiary have argued in a court filing that a former board member lacks standing under Delaware and Florida law to assert fiduciary duty claims against fellow directors, the companies and their in-house counsel.
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August 19, 2025
Seyfarth Adds CRE Loan Pro To NY Office
Seyfarth Shaw LLP added a commercial real estate finance pro to its real estate group from Bryan Cave Leighton Paisner LLP, two months after expanding its offices with a 22-person transactional team from Morris Manning & Martin LLP.
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August 19, 2025
MoFo-Led Industrial REIT Receives $1B PE Takeover Offer
Plymouth Industrial REIT Inc., advised by Morrison Foerster LLP, said Tuesday it is reviewing a roughly $1 billion takeover offer from Sixth Street Partners, a private equity firm that has invested in the real estate investment trust since at least last year.
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August 19, 2025
9th Circuit Pauses Oak Flat Land Transfer Pending Appeals
A Ninth Circuit panel has hit pause on the federal government's scheduled transfer of a centuries-old Indigenous worship site within Arizona's Tonto National Forest to a copper mining company while challenges to a multibillion-dollar proposed project play out in the appellate court.
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August 18, 2025
NJ Feds Say Habba's US Atty Role Unusual, But Not Unlawful
Acting U.S. Attorney Alina Habba on Monday doubled down on her argument that President Donald Trump legally appointed her New Jersey's top federal prosecutor, telling a federal judge that this is simply "an unusual situation" created when the district court last month refused to extend her interim tenure.
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August 18, 2025
SDNY Judges OK Trump's Selection Of Jay Clayton As US Atty
The Southern District of New York on Monday permitted Jay Clayton to continue overseeing the district's prosecutorial office, appointing Clayton as U.S. attorney just a day before his tenure as interim U.S. attorney was set to expire.
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August 18, 2025
Subcontractor Accused Of $10M In Damages In Condo Dispute
The general contractor in charge of building a 461-unit condominium complex in downtown Denver told a state court Friday that a concrete subcontractor caused more than $10 million in damages due to an alleged breach of contract on the project.
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August 18, 2025
Deutsche Bank, NCUA Net Partial Wins In Crisis-Era RMBS Suit
A New York federal judge has granted partial early wins to both the National Credit Union Administration board and Deutsche Bank in a long-running suit stemming from the 2008 financial crisis and concerning allegations that Deutsche Bank failed to fulfill its duties to certificate holders in several residential mortgage-backed securities trusts.
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August 18, 2025
Catching Up With Delaware's Chancery Court
Executives and board members of Cencora Corp. tentatively settled a stockholder derivative suit for $111.25 million, VectoIQ board members reached a $6.3 million deal on stockholder claims over electric carmaker Nikola's prospects, and class attorneys who secured a $50 million derivative suit settlement saw their proposed 25% attorney fee cut by almost half. Here's the latest from the Delaware Chancery Court.
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August 18, 2025
Pittsburgh Balks At Developer Joining Inclusive Zoning Fight
The city of Pittsburgh is urging a Pennsylvania federal court to reject a real estate trade association's bid to stop the city from enforcing an inclusionary zoning ordinance, arguing that the trade association is trying to block the ordinance on behalf of a private developer.
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August 18, 2025
Lender Cites Flight Risk In $14M Home TRO Request
A Chinese national asked a California federal court for an order freezing any potential sale of a luxury home in Arcadia, California, alleging it's indirectly owned by a couple who fled the country to avoid paying a $16 million arbitral award and other judgments.
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August 18, 2025
Insurer, Kennel Settle Coverage Dispute Over Nuisance Claims
A Hanover unit and a dog kennel have resolved a dispute over coverage for an underlying suit alleging that the kennel's expansion interfered with a Golden State community's rights of possession, according to a California federal court filing.
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August 18, 2025
Latham Hires DLA Piper Real Estate Lawyer In Chicago
Latham & Watkins LLP has hired a former DLA Piper real estate partner in Chicago who focuses his practice on helping clients develop data centers and other infrastructure for the digital technology industry, the firm announced Monday.
Expert Analysis
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Compliance Is A New Competitive Edge For Mortgage Lenders
So far, 2025 has introduced state and federal regulatory turbulence that is pressuring mortgage lenders to reevaluate the balance between competitive and compliant employee and customer recruiting practices, necessitating a compliance recalibration that prioritizes five key strategies, say attorneys at Mitchell Sandler.
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What Developers Can Glean From Miami Condo Ruling
A Florida state appeals court's recent denial of a Miami condo redevelopment bid offers a detailed blueprint of what future developers must address when they evaluate the condominium's governing declaration and seek to terminate a condominium, say attorneys at Shubin Law.
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Opinion
The Legal Education Status Quo Is No Longer Tenable
As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.
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Utilizing Rep And Warranties Insurance In CRE Transactions
With insurance and commercial real estate legal trends suggesting that representations and warranties insurance is likely to grow substantially in the next several years, CRE buyers and sellers should learn how such insurance can help resolve conflicting positions during transaction negotiations, say attorneys at Troutman.
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E-Discovery Quarterly: Rulings On Relevance Redactions
In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.
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Opinion
Section 1983 Has Promise After End Of Nationwide Injunctions
After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.
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CEQA Reform May Spur More Housing, But Devil Is In Details
A recently enacted law reforming the California Environmental Quality Act has been touted by state leaders as a fix for the state's housing crisis — but provisions including a new theoretically optional traffic mitigation fee could offset any potential benefits, says attorney David Smith.
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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Recent Decisions Caution Against Broad Indemnity Provisions
Two recent decisions in disparate jurisdictions are reminders that businesses and practitioners should be mindful of contractual indemnity rights and draft indemnity provisions that enhance the predictability of enforceability without being overly broad, says Gregory Jaske at Olshan Frome.
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.
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What To Know As SEC Looks To Expand Private Fund Access
As the U.S. Securities and Exchange Commission considers expanding retail access to private markets, understanding how these funds operate — and the role of financial intermediaries in guiding investors — is increasingly important, say attorneys at K&L Gates.
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Series
Playing Baseball Makes Me A Better Lawyer
Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.
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Wells Fargo Suit Shows Consumer Protection Limits In Mass.
The Massachusetts Appeals Court's May decision in Wells Fargo Bank v. Coulsey underscores that consumer rights are balanced against the need for closure, and even the broad protections of state consumer protection law will not open the door to relitigating the same claims, say attorneys at Greenberg Traurig.
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Series
Law School's Missed Lessons: Skillful Persuasion
In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.